Law:

Section:

(a) Penal Code (XLV of 1860) Ss. 302/34, 307/34 & 449 Constitution of Pakistan (1973), Art. 185 ¬Appraisal of evidence Eye witnesses being inmates of the house were natural witnesses and the accused were known to them Trial Court had found the accused guilty on the basis of evidence on record High Court after minute reappraisal of evidence had upheld the conviction No misreading of evidence had been pointed out Further reappraisal of evidence being not the function of Supreme Court, convictions of accused were maintained. ¬[Evidence]. (b) Penal Code (XLV of 1860) S. 302/34- Sentence Mitigating circumstances Record did pot show with certainty that it was the shot of the accused which killed the deceased and not of the other accused Sentence of death awarded to accused was altered to imprisonment for life in circumstances. [Sentence]. JUDGMENT ABDUL SHAKURUL SALAM, J. This appeal by leave arises in the following circumstances. 1. Allah Ditta and Allah Dad appellants alongwith two others namely Nawaz and Manzoor were tried by the learned Additional Sessions Judge, Khanewal under section 302/307/34, P.P.C. for the murder of Khuda Bakhsh and murderous assault upon Mst. Niamat Bibi in the night between 11/12 10 1983 in the area of Chak No. 166/10 R, Tehsil and District Khanewal. All the four were found guilty under section 302/34, P.P.C. The appellants were sentenced to death and a fine of Rs.10,000 each, in default to suffer three years' S.I. each. They were also convicted under section 307/34, P.P.C. and each of them sentenced to ten years' R.I.; and fine of rupees five thousand each, in default two years' S.I. each. Under section 449, P.P.C. each of them was sentenced to three years' R.I. plus fine of rupees three thousand, in default to further undergo one year S.I. each. The other two accused namely Manzoor and Nawaz were also convicted under section 302/34, P.P.C. but were sentenced to imprisonment for life plus fine of rupees seven thousand each, in default to further undergo two years' S.I. They were convicted under section 307/34, P.P.C. each and sentenced to five years' R.I. with fine of rupees three thousand, in default to undergo one year S.I. each.…

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